FB et al v. The New York City Department of Education et al
| FB and EB |
| The New York City Department of Education and Dennis Walcott |
| 1:2012cv01669 |
| March 7, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Other Civil Rights |
| 29 U.S.C. ยง 794 |
| None |
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Filing
36
OPINION & ORDER re: 17 FIRST MOTION for Summary Judgment Notice of Motion. filed by EB, FB, 25 MOTION for Summary Judgment. filed by The New York City Department of Education, Dennis Walcott. For the foregoing reasons, the Court grants su mmary judgment in favor of the DOE with regard to the three specific challenges brought by the Parents and addressed by both the IHO and the SRO: whether (1) the CSE based the IEP on sufficient evaluative data, (2) the failure of the CSE to conduct a FBA and develop a BIP denied LB a FAPE, and (3) the lack of a parent counseling and training provision in the IEP denied LB a FAPE. The Court, however, denies summary judgment to both parties on the broader issue of whether the overall IEP denied LB a FAPE, concluding that judicial resolution of such claims is premature until the SRO has addressed the remaining challenges to the IEP raised before, but not addressed by, the IHO. The Court thus remands this matter to the SRO, to complete his review of the Parents' claims, consistent with the foregoing discussion. The Clerk of Court is directed to terminate the motions pending at docket numbers 17 and 25. (Signed by Judge Paul A. Engelmayer on 2/14/2013) (djc)
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